85R2701 KSD-D     By: Schwertner S.B. No. 250       A BILL TO BE ENTITLED   AN ACT   relating to limitations on increases in fees and designated tuition   charged by certain public institutions of higher education.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  This Act shall be known as the Higher Education   Accountability Restoration Act.          SECTION 2.  Subchapter A, Chapter 54, Education Code, is   amended by adding Section 54.0095 to read as follows:          Sec. 54.0095.  INFLATION RATE APPLICABLE TO CERTAIN TUITION   OR FEE INCREASES.  (a)  In this section, "general academic teaching   institution" and "public state college" have the meanings assigned   by Section 61.003.          (b)  Not later than January 31 of each year, or as soon   thereafter as practicable, the Legislative Budget Board shall   publish and certify to the governing board of each general academic   teaching institution other than a public state college the   inflation rate to be used for purposes of Sections 54.0513 and   54.5001 for the next academic year.          (b-1)  For purposes of applying Section 54.5001 for the   2017-2018 academic year, the Legislative Budget Board shall publish   and certify the applicable inflation rate as soon as practicable   after this section takes effect.  This subsection expires September   1, 2018.          (c)  The inflation rate is the percentage increase, if any,   as expressed in decimal form rounded to the nearest thousandth of   one percent, in the consumer price index, as defined by Section   341.201, Finance Code, for the preceding calendar year as compared   to the consumer price index for the year preceding that year.          SECTION 3.  Section 54.0513, Education Code, is amended by   adding Subsections (g), (g-1), (g-2), and (h) to read as follows:          (g)  The amount of tuition the governing board of a general   academic teaching institution other than a public state college   charges under this section to a student of the institution for an   academic year may not exceed the total amount of tuition that the   governing board would have charged under this section to a   similarly situated student of the institution for the preceding   academic year, as that amount is adjusted for each academic year for   inflation according to the inflation rate determined under Section   54.0095.  The governing board may not increase the amount of tuition   charged under this section to a student more than once in any   academic year. For purposes of this subsection, students are   similarly situated if they share the same residency status, degree   program, course load, course level, tuition exemption status, and   other circumstances affecting the tuition charged to the student.          (g-1)  Notwithstanding Subsection (g), for the 2017-2018   academic year, the amount of tuition charged to a student under this   section by a general academic teaching institution other than a   public state college may not exceed the total amount of tuition that   the institution would have charged under this section to a   similarly situated student for the 2016-2017 academic year, except   that if the institution's governing board, before January 1, 2017,   gave final approval to increased tuition rates to be charged by the   institution under this section for the 2017-2018 academic year, the   institution may charge tuition under this section for that year at   those increased rates. For purposes of this subsection, students   are similarly situated if they share the same residency status,   degree program, course load, course level, tuition exemption   status, and other circumstances affecting the tuition charged to   the student.  This subsection expires September 1, 2018.          (g-2)  If a student has paid an amount of tuition charged   under this section by a general academic teaching institution other   than a public state college for the 2017 fall semester in excess of   the maximum amount permitted by this section, the institution, not   later than January 1, 2018, shall refund to the student the excess   amount of tuition paid. This subsection expires September 1, 2018.          (h)  In this section, "general academic teaching   institution" and "public state college" have the meanings assigned   by Section 61.003.          SECTION 4.  Subchapter E, Chapter 54, Education Code, is   amended by adding Section 54.5001 to read as follows:          Sec. 54.5001.  LIMITATIONS ON FEE INCREASES WITHOUT STUDENT   APPROVAL. (a) In this section, "general academic teaching   institution" and "public state college" have the meanings assigned   by Section 61.003.          (b)  This section applies only to a general academic teaching   institution other than a public state college.          (c)  Notwithstanding any other provision of this subchapter   or other law and except as provided by Subsection (d), the governing   board of an institution to which this section applies may not   increase the amount of a fee charged under this subchapter to an   amount that is greater than the amount charged by the institution in   the preceding academic year as adjusted for inflation according to   the inflation rate determined under Section 54.0095.          (c-1)  Notwithstanding Subsection (c) and except as provided   by Subsection (d), for the 2017-2018 academic year, the amount of a   fee charged under this subchapter by an institution to which this   section applies may not exceed the amount of the fee charged by that   institution under this subchapter in the 2016-2017 academic year,   if the institution charged the fee in that academic year, except   that if the institution's governing board, before January 1, 2017,   gave final approval to an increase in the fee to be charged for the   2017-2018 academic year, the institution may charge the fee for   that year at that increased rate. This subsection expires   September 1, 2018.          (d)  Subsection (c) does not apply to an increase in the   amount of a fee if the increase is approved by a vote of the students   of the institution voting in a student election authorized by law   for that purpose.          (e)  This section does not:                (1)  provide independent authority for the governing   board of an institution to which this section applies to increase   the amount of a fee or to call a student election to approve an   increase in the amount of a fee; or                (2)  authorize the governing board of an institution to   which this section applies to increase the amount of a fee charged   under this subchapter to an amount that exceeds the maximum amount   prescribed by the law authorizing the fee's imposition, if that law   prescribes a maximum amount.          SECTION 5.  (a)  Section 54.0513, Education Code, as amended   by this Act, applies beginning with tuition charged by general   academic teaching institutions other than public state colleges for   the 2017-2018 academic year.  Tuition charged by an institution for   an academic year before that academic year is covered by the law in   effect before the effective date of this Act, and the former law is   continued in effect for that purpose.          (b)  Section 54.5001, Education Code, as added by this Act,   applies beginning with fee increases for the 2017 fall semester.          SECTION 6.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2017.